Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On September 5, 2013, the Defendant sentenced six months to imprisonment with prison labor for a violation of the Road Traffic Act and a violation of the Road Traffic Act at the Suwon District Court on September 5, 2013, and completed the execution of the sentence in a female prison on March 4, 2014.
On March 26, 2015, at around 23:30, the Defendant driven a Csti-type vehicle under the influence of alcohol content of 0.060% without a vehicle driver’s license from approximately 100 meters away from the 151 Gadddra road located in the Geumdong-gu Geumnam-si, Sungnam-si to the same 151 Gadra road.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. The circumstantial report of an employee;
1. Inquiry the results of the drinking driving control;
1. Registers of driver's licenses;
1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (a copy of the judgment and report on the confirmation of the date of release);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 35 of the Criminal Act among repeated crimes;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do1148, Apr. 1, 201; Supreme Court Decision 201Do1148, Apr.